Approved Conservation Commission Mtg Mins

Meeting date:

Wednesday, June 19, 2019

Aprpoved

Wellfleet Conservation Commission

Meeting Minutes

June 19, 2019 4:00 pm

Town Hall Meeting Room

Attendees: Barbara Brennessel, Michael Fisher, John Portnoy, Deborah Freeman, Agent Hillary Greenberg-Lemos and Christine Bates, Committee Secretary

Regrets: Lauren McKean and John Cumbler

4:00 - Business Meeting & Conservation Agent's Report

Acting Chair Deborah Freeman called the meeting to order at 4:00 pm.

Mail / Discussion

Agent Greenberg-Lemos reported Lauren McKean has left the Conservation Commission due to a conflict with her professional life. Deborah Freeman stated that she would act as Chair because no other member was willing to be the Chair.

Due to the lack of members and attendance, Agent Greenberg-Lemos questioned the Town Clerk whether a member with a perceived conflict could vote out of necessity, i.e. when the Commission needed his/her vote to achieve a quorum. The response was that it is allowable if it is legally necessary to act.

DLTA – no input

Agent Greenberg-Lemos stated a site visit was made to Way #100. A letter will be sent to the owner of the property.

A boat / dory appears to have been washed up on the shore at the end of Anawan Road.

Mayo Creek: John Portnoy reported that the Mayo Creek Restoration Committee (MCRC) will present its recommendations to the Board of Selectmen regarding restoring 20 acres of tidal salt marsh upstream of Commercial Street on 25 June. The project requires a new, enlarged and adjustable culvert, plus excavation to deepen the main creek channel. The Harborside Village trailer park and some other property owners within the flood plain have concerns about the project. The MCRC recommended that the Town hire a consulting firm with hydrological expertise to check their work and further develop a restoration plan. The MCRC also recommended that the BOS form a group like the Herring River Restoration Committee, consisting of agency technical specialists to fill in any missing information. Harborside Village advised the Committee they already have flooding; however, monitoring by the MCRC showed that groundwater at, for example 5 Holbrook Avenue and Baker’s Field, and probably the trailer park, is controlled by the mean tide height in Wellfleet Harbor and not Mayo Creek. John Riehl will be presenting the report to the Board of Selectmen.

1440 Chequessett – Jim O’Connell is gathering information regarding the erosion rate. Several organizations and individuals have submitted letters to MEPA regarding the property.

Shellfish relay program information – Permits are not needed for shellfish relays run by the DMF. Our cultching program includes 8 areas in the harbor. Alfred Pickard stated he is against cultching at any public beaches where people swim, which he heard may happen.

Alfred Pickard stated 20 yards of sand were placed in the back yard and also a pile in the front yard at 5 Holbrook Avenue. Agent Greenberg-Lemos stated they made a site visit, but no one was there on the property. Pickard stated that they are building an unpermitted stairway within the floodplain. Agent Greenberg-Lemos will contact the contractor and owners.

Jurisdictional Opinions - none

Meeting Minutes: 06/05/19: Mike Fisher moved to approve the 06/05/19 amended meeting minutes; seconded by Barbara Brennessel; passed 4-0.

5:00 pm – Public Hearings

Town of Wellfleet, Various locations, Aquaculture Order of Conditions – Request for a 3-year extension. Agent Greenberg-Lemos stated this is for the replacement of cultch and will expire this year. The Commission reviewed the plans identifying the locations of the cultch. Barbara Brennessel moved to approve the Request for a 3-year extension; seconded by John Portnoy; passed 4-0.

Rosen, 425 Lt. Island Rd., Map 41, Parcel 110, Certificate of Compliance Agent Greenberg-Lemos stated they did not build the addition but upgraded the septic system. John Portnoy moved to approve the Certificate of Compliance; seconded by Barbara Brennessel; passed 4-0.

Rose, 114 Pamet Point Rd., Map 3, Parcel 9¸RDA, septic upgrade. Lynn Hamlin represented the applicant, stating the septic system failed. They are removing the cesspool and putting in a Title 5. All work is outside of the 100’ buffer zone, except to remove the cesspool. Ms. Hamlin stated the project is beyond the 200-ft riverfront zone. John Portnoy moved to approve the RDA and identified the project as a Negative 3; seconded by Barbara Brennessel; passed 4-0.

Cassidy, 65 Vanessa’s Way, Map 29, Parcel 246, NOI, replace existing deck (Cont’d). David Lajoie and Mr. Cassidy came to the table. Mike Fisher recused himself. The Commission reviewed the revised plans and it appears there are two parking spots in the roadway. Mr. Lajoie stated this is where 3 cars can be parked on the property. Lajoie stated this application is only for replacing the deck. The parking plan should still allow vehicles to continue on Vanessa’s Way. Mr. Cassidy stated they have eliminated the parking area closest to the road and marsh. Due to a lack of a quorum, David Lajoie requested a continuation to July 17, 2019. Agent Greenberg-Lemos stated the mitigation is additional plantings covering 60 square feet on the east side of the deck. Alfred Pickard stated he has seen four cars at the property today as well as last week. This road is used by an abutter who shares the right of way to the marsh edge. Lajoie reiterated the project is for a deck and Barbara Brennessel stated we have to address the abutter’s concerns. Barbara Brennessel moved to continue to 7/17/19; seconded by Deborah Freeman; passed 3-0,

Sandy Shoes, LLC, 135 Highmeadow Rd., Map 12, Parcel 131, NOI, revegetating existing disturbed area (Cont’d) The applicant was not able to attend the meeting. The owner is available for the August 7, 2019 hearing. John Portnoy moved to continue to 8/7/19; seconded by Mike Fisher, passed 4-0.

Jeremy Young told the Commission that he built the stone stairs on the property without a permit from the Conservation Commission. He has paid only $100 of the $1,000 fee requested for a late filing. Mr. Young stated that he charged the property owner $22,000 for the stair installation. Mr. Young does not know who denuded the property. It was like that when he began his work. He does not know who trimmed the trees there or clear cut to the Herring River directly in front of the property. The Commission discussed removal of the stone stairs and fines, but reached no decision at this stage. Mr. Young was told to pay the unremitted portion of the late filing fee.

O’Neil, 200 Briar Lane, Map 13, Parcel 1143, NOI, Reapplication to construct new garage, chicken coop and driveway extension (Cont’d) Mark O’Neil stated he provided additional information and the only issue is the garage. The original garage has been removed. Barbara Brennessel stated the Commission would like to see the garage placed in the original location. O’Neil stated he would like to locate the garage at the higher elevation and further away from the resource area. He stated instead of a railway wooden retaining wall he would use stones. There was discussion regarding the disturbance in the resource area. There will be a permeable driveway. John Portnoy stated the garden is in the wetland, indicated by the extent of mapped hydric soils, and questioned whether it could be moved. The applicant agreed that the garden will be allowed to go back to its natural state and blueberries will be planted along the driveway for mitigation. Mike Fisher moved to approve the NOI with conditions; seconded by John Portnoy; passed 4-0.

Supervisor: Agent

Lt. Island Services Improvement Co, Inc., Map 40, various parcels, Request for 2-year extension (Cont’d) Michael Fisher recused himself, but under the Rule of Necessity, this is an emergency to be passed because the NOI will expire. Agent Greenberg-Lemos stated the decision of Natural Heritage is good for 5 years. Work will be performed in October. Barbara Brennessel moved to grant the extension; seconded by Deborah Freeman; passed 4-0.

Bruggeman (LISIC), Lt. Island, 3rd Ave to 5th Ave., Map 40, Parcels various, RDA, prune and trim trees on road (Cont’d). Michael Fisher recused himself. John Portnoy moved to continue to July 17, 2019; seconded by Deborah Freeman, passed 5-0.

Deborah Freeman moved to adjourn at 6:00 pm; seconded by John Portnoy; passed 4-0.

Respectfully submitted,

Christine Bates, Committee Secretary